(1) The Oregon Health Authority or the Department of Human Services may assess a civil penalty and, pursuant to ORS § 479.215, shall deny, suspend or revoke a license, in any case where the State Fire Marshal, or the representative of the State Fire Marshal, certifies that there is a failure to comply with all applicable laws, lawful ordinances and rules relating to safety from fire.

(2) The authority may:

(a) Assess a civil penalty or deny, suspend or revoke a license of a health care facility other than a long term care facility in any case where it finds that there has been a substantial failure to comply with ORS § 441.015 to 441.119 and 441.993 or the rules or minimum standards adopted under ORS § 441.015 to 441.119 and 441.993.

(b) Assess a civil penalty or suspend or revoke a license issued under ORS § 441.025 for failure to comply with an authority order arising from a health care facility’s substantial lack of compliance with the provisions of ORS § 441.015 to 441.119, 441.761 to 441.795 or 441.993 or the rules adopted under ORS § 441.015 to 441.119, 441.761 to 441.795 or 441.993.

(c) Suspend or revoke a license issued under ORS § 441.025 for failure to pay a civil penalty imposed under ORS § 441.793.

(3) The department may:

(a) Assess a civil penalty or deny, suspend or revoke a long term care facility’s license in any case where it finds that there has been a substantial failure to comply with ORS § 441.015 to 441.119 and 441.993 or the rules or minimum standards adopted under ORS § 441.015 to 441.119 and 441.993.

(b) Assess a civil penalty or suspend or revoke a long term care facility’s license issued under ORS § 441.025 for failure to comply with a department order arising from a long term care facility’s substantial lack of compliance with the provisions of ORS § 441.015 to 441.119 and 441.993 or the rules adopted under ORS § 441.015 to 441.119 and 441.993.

(c) Suspend or revoke a license issued under ORS § 441.025 for failure to pay a civil penalty imposed under ORS § 441.710.

(d) Order a long term care facility licensed under ORS § 441.025 to restrict the admission of patients when the department finds an immediate threat to patient health and safety arising from failure of the long term care facility to be in compliance with ORS § 441.015 to 441.119 and 441.993 and the rules adopted under ORS § 441.015 to 441.119 and 441.993.

(4) Any long term care facility that has been ordered to restrict the admission of patients pursuant to subsection (3)(d) of this section shall post a notice of the restriction, provided by the department, on all doors providing ingress to and egress from the facility, for the duration of the restriction. [Amended by 1959 c.222 § 1; 1961 c.316 § 7; 1971 c.730 § 8; 1977 c.582 § 46; 1987 c.428 § 6; 1989 c.171 § 55; 1991 c.734 § 22; 2001 c.609 § 8; 2001 c.900 § 164; 2007 c.71 § 125; 2009 c.595 § 723; 2009 c.792 § 57; 2015 c.669 § 14; 2018 c.50 § 13]

[Amended by 1959 c.222 § 2; 1959 c.466 § 1; 1971 c.730 § 9; repealed by 1971 c.734 § 21]